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INSIDECOSTARICA.COM COSTA RICA NEWS |   Monday 22 November 2010

Where Is The COHA In The Costa Rica - Nicaragua Conflict?

Responding to emails from readers on their silence on the recent conflict between Costa Rica and Nicaragua, the Council on Hemispheric Affairs (COHA) - a nonprofit, tax-exempt independent research and information organization, established to promote the common interests of the hemisphere - by saying its director Larry Birns has been active behind the scenes, his latest a 20-minute interview with BBC on the subject, and a more in-depth analysis of the situation along the Rio San Juan is to be published on the COHA website within a matter of days.

In the press released, the COHA says "it is clear that the dispute has become a prominent campaign vehicle designed to fortify Nicaraguan President Daniel Ortega’s shifting popularity at home. The opportunity to rally the Nicaraguan people around a nationalist cause rather than regional harmony may have been too much for the Sandinista leader to resist.

The COHA continues with: "at this point, Nicaragua remains obdurate that the status quo is more advantageous to its national interest than the principles of conciliation and mediation. For her part, Costa Rica’s President Laura Chinchilla is under pressure to use the dispute to prove herself as decisive a leader as her cagey and always ambitious predecessor Óscar Arias. Given each leader’s personal stake in the conflict, the prospects for a speedy resolution appear meager."

While the COHA has been silent in all this, Costa Rica has looked to the OAS to resolve the dispute, and on Thursday filing a suit with the International Court of Justice at The Hague. Ortega has countered with the threat to pull out of the OAS altogether and that Nicaragua will file its own action with the International Court.

But neither have looked at the COHA.

Costa Rica, has gone before the international community, taking the position that Nicaragua invaded its territory and in so doing has caused - and continues to cause - environmental damage with the dredging of the San Juan river and the construction of an artificial canal on Costa Rican territory.

Nicaragua, on the other hand, has taken its action to the people, telling them of Costa Rica's expansionism action to take over Nicaraguan territory, more important the San Juan river.

If nothing more than a mediator, the COHA has been very influential in the dispute, even though the conflict is a border dispute that neither the COHA or the OAS has jurisdiction, both bodies are supposed to mediate and bring the parties to the table to dialogue.

Such has not occurred.

At the heart of the problem is a more than 100 year old feud between the governments - not necessarily the people - of the two countries over the ownership and navigational rights of the border river.

In July 2009, the International Court settled an almost 10 year legal action filed by Costa Rica and a century old argument, that the river belongs to Nicaragua and Costa Rica has navigational rights as stated in the Jeréz-Cañas treaty signed in 1858.

For its part, Costa Rica has never publicly made claim to the river as the Nicaraguans charge, an argument used again and again by various Nicaraguan governments and including the current and past Ortega.

The current dispute in fact is over a mosquito infested piece of land called Isla Calero on the south side of the river that Costa Rica claims, based on the treaty and official maps filed by Nicaragua in the International Court, the island is in Costa Rican territory.

However, Ortega said that the river should be restored to its "historic" and thus, making use of Google Maps, claims it is theirs and as such has put military soldiers who set up camp on the small island at the mouth of the river in the Caribbean.

Using this argument - since Google Maps has taken responsibility for the error and is amending its Google Maps - Ortega is using the argument to rally the support of the people, while Costa Rica rallies the support of the international community.

The same problem, two different approaches.

But, going back to the organizations like the OAS which has been far less than effective to resolve the conflict with Nicaragua's refusal to take orders and the COHA, the conflict is bound to go on for years, four at least, the time it takes for the International Court to hear the case.

In the meantime, Ortega might get re-elected, Chinchilla will be out of office, leaving it to a new president to deal with Ortega, sorry, Nicaragua.

 

 

 
 
 
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